Montana Code 82-2-205. Court order and appointment of commissioners
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82-2-205. Court order and appointment of commissioners. Upon the return of the summons or upon any day to which the hearing is adjourned, the defendants may answer, issue must be joined, and the judge shall hear the allegations and proofs of the respective parties. If, upon the hearing, the judge is satisfied that the claims of the plaintiff may be worked conveniently only by means of the privilege asked for, the judge shall make an order adjudging and awarding to the plaintiff the right-of-way and shall appoint three commissioners who are disinterested persons and residents of the county to assess the damages to the lands or claims affected by the order.
Terms Used In Montana Code 82-2-205
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.